RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02503
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
The reentry (RE) code of 2X (1st term, 2nd term or career airman considered but not selected for reenlistment) on her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to allow her to reenter the military.
APPLICANT CONTENDS THAT:
She was only placed on the Date of Separation (DOS) rollback program because she received an Article 15 for underage drinking in 2010. She took corrective action, graduating from the Alcohol and Drug Abuse Prevention and Treatment (ADAPT) Program. Now, she wants to serve her country again.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 5 Jan 10.
On 2 Nov 10, the applicants commander notified her he was considering punishing her under Article 15 of the Uniform Code of Military Justice (UCMJ) for willfully failing to refrain from consuming alcohol while under the legal drinking age. The applicant consulted a lawyer, waived her right to a court martial, accepted nonjudicial punishment proceedings, and submitted a presentation on her own behalf.
On 8 Nov 10, the applicants commander determined she had committed the alleged offense, and issued her an Article 15. Her punishment included a reduction in grade from Airman First Class (E-3) to Airman (E-2).
On 28 Nov 11, according to the applicants AF IMT 418, Selective Reenlistment Program Consideration, the applicants commander did not select her for reenlistment under the FY12 AF Force Shaping Rollback Program.
On 31 Mar 12, the applicant was furnished an honorable discharge, with an RE code of 2X, and was credited with 2 years, 2 months, and 26 days of active service.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial indicating there is no evidence of an error or an injustice. AFI 36-2606, Reenlistment in the USAF, states commanders have selective reenlistment selection or non-selection authority. The Selective Reenlistment Program (SRP) considers a members Enlisted Performance Report (EPR) ratings, unfavorable information from any substantiated source, the airmans willingness to comply with Air Force standards and/or the airmans ability (or lack of) to meet required training and duty performance levels. At the time of her discharge, the applicant chose not to appeal her non-selection for reenlistment. Her RE code of 2X is the correct RE code based upon her non-selection for reenlistment.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 25 Aug 12 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. After a thorough review of the evidence of record and the applicants complete submission, we believe the applicant is the victim of injustice. We note the comments of AFPC/DPSOA indicating at the time of her discharge the applicant chose not to appeal her non-selection for reenlistment; however, given the unequivocal support from both her Group Commander and a senior non-commissioned officer concerning her exemplary character, and the fact that she took full responsibility for her behavior while continuing to excel in attitude, effort, and performance, we are persuaded an RE code which limits her opportunities to reenter the military no longer serves a useful purpose. Therefore, we recommend the applicants records be corrected as indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 31 March 2012, she was honorably discharged with a Reentry (RE) code of 3K.
The following members of the Board considered AFBCMR Docket Number BC-2014-02503 in Executive Session on 19 Mar 15 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOA, dated 17 Jul 14.
Exhibit D. Letter, SAF/MRBR, dated 25 Aug 12.
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